CHARLIE WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CHARLIE WILLIAMS, APPELLANT,
STATE OF FLORIDA, APPELLEE
576 So. 2d 1375
Florida District Court of Appeal, Fifth District (1991)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm the conviction and sentence in this case except that we reverse and strike the order requiring restitution because the record shows the theft victim recovered the stolen television and we reverse and strike the award of court costs imposed without notice and hearing. See Wood v. State, 544 So. 2d 1004 (Fla.1989); Harriel v. State, 520 So. 2d 271 (Fla.1988); Burgess v. State, 569 So. 2d 829 (Fla. 5th DCA 1990); McMahon v. State, 561 So. 2d 1284 (Fla. 5th DCA 1990); Clark v. State, 560 So. 2d 264 (Fla. 5th DCA 1990).
AFFIRMED in part; REVERSED in part.
COWART, GRIFFIN and DIAMANTIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Clary, 694 So. 2d 108 (Fla. 5th DCA 1997)…iders the sentence to be one to which the guidelines do not apply, on remand the court may depart if it files proper reasons. Jones v. State, 559 So. 2d 204 (Fla.), cert. denied, 498 U.S. 907, 111 S.Ct. 276, 112 L.Ed.2d 232 (1990); Stewart v. State, 576 So. 2d 1375 (Fla. 1st DCA 1991). The Jones court explained: In Shull, the judge imposed a sentence in excess of the guidelines recommendation for the announced reason that the defendant had been found to be an habitual offender. When this was determined to be…
Authorities Cited
- Wood v. State, 544 So. 2d 1004 (Fla. 1989)
- Harriel v. State, 520 So. 2d 271 (Fla. 1988)
- Hicks v. State, 561 So. 2d 1284 (Fla. 2d DCA 1990)
- McMAHON v. State, 561 So. 2d 1284 (Fla. 5th DCA 1990)
- Clark v. State, 560 So. 2d 264 (Fla. 5th DCA 1990)
- Burgess v. State, 569 So. 2d 829 (Fla. 5th DCA 1990)